Multiple Employers Affect Your Workers’ Comp Benefits
A lot of employees hold multiple part-time positions, seasonal work, or a combination of hourly and contract roles. Should an injury occur, questions may arise about how wage replacement benefits are calculated and whether income from all employers is considered.
Understanding how multiple employers affect workers comp benefits is critical to ensuring you receive the compensation you are legally entitled to. A knowledgeable Baltimore personal injury lawyer can analyze whether your employment qualifies as concurrent similar employment, challenge improper wage calculations, and advocate for maximum available benefits.
Two or More Jobs and Independent Contractors
In Maryland, wage replacement benefits are generally based on your average weekly wage at the time of injury. The framework for calculating benefits is established by statutes enacted by the Maryland General Assembly and administered through the Maryland Workers’ Compensation Commission.
If you are employed by more than one employer at the time of harm, the key issue becomes whether wages from both jobs can be included in your average weekly wage calculation. Should your second job be considered concurrent similar employment, you may be able to include wages from both positions when calculating your benefits.
For example, if you work as a nurse at two different facilities and are injured at one location but cannot perform nursing duties at either job it is considered concurrent similar employment. In this situation, your total weekly earnings from both nursing positions will likely be considered in determining your average weekly wage.
Should your situation be one where your second job is substantially different, the analysis becomes more nuanced. So, if you were injured working construction and also work part-time as a cashier you could be in a situation where your injury prevents you from performing construction work but does not impact your ability to work retail. Then, insurers may argue that only wages from the construction job should count toward certain benefits.
When one of your roles is classified as independent contractor work, the issue becomes even more thorny. Workers’ compensation coverage generally applies to employees, not independent contractors, although misclassification disputes are common. Determining whether you were properly classified can significantly impact benefit eligibility.
The inclusion (or exclusion) of wages from a second job can dramatically affect the amount of wage replacement benefits you receive. Insurance carriers may attempt to narrow the wage calculation to minimize payout. Proper documentation of employment status, pay records, tax forms, and job duties is essential.
Legal Support Can Strengthen a Claim
When multiple employers are involved, the legal details matter. Connect with a Baltimore personal injury lawyer to ensure your average weekly wage reflects your true earnings. This can make a substantial difference in your recovery and financial stability.
Do you hold multiple jobs? After suffering a workplace injury, it is critical to report the injury promptly and preserve wage documentation from each job you have. Share the information you have with the attorneys at Iamele & Iamele, LLP in order to fully understand your recovery options. Contact us to book a confidential appointment.
